South Africa: High Courts - Gauteng

NOT REPORTABLE

IN THE HIGH COURT OF SOUTH AFRICA

(WITWATERSRAND LOCAL DIVISION)

JOHANNESBURG

CASE NO: A62/04

DATE:2006-03-16

In the matter between

JOSEPH MABAYO NDHLELA..................................................................................... Appellant

and

THE STATE............................................................................................................. Respondent

JUDGMENT: (APPLICATION FOR LEAVE TO APPEAL)

WILLIS, J: Immediately after we had delivered a judgment dismissing the appeal against conviction and sentence, save to the limited extent that we directed that the provisions of section 276(1 )(i) of the Criminal Procedure Act No. 51 of 1977, as amended, were to apply, Mr Roets, who appears for the appellant, made an application there and then for special leave to appeal against the convictions only on counts 2, 3 and 4.

In my opinion there is no reasonable prospect that another court will find that the learned magistrate and ourselves erred in finding the appellant guilty on counts 2, 3 and 4 and accordingly the application for leave to appeal should be dismissed.

I propose that the following order be made:

The application for leave to appeal against the judgment which we gave in this matter earlier today is dismissed.

MAKHANYA. J: I agree.

WILLIS. J: It is so ordered.

COUNSEL FOR THE APPELLANT:MR F ROETS

Instructed by: Lawley Shein

COUNSEL FOR THE RESPONDENT: ADV J L WOLFAARDT

DATE OF HEARING:16 MARCH 2006

DATE OF JUDGMENT:16 MARCH 2006